Disability discrimination cases come in different forms. The basic disability discrimination claim is when an employer makes an employment decision (hiring, firing, promoting or demoting) solely based on the employee’s disability or perceived disability. If an employer makes a decision based on an employee’s disability or perceived disability, it is in violation of state and federal statutes and is actionable.

If an employee has a disability and can continue working if the employer provides a reasonable accommodation, that employer must provide the accommodation if it does not create an undue hardship. If an employer refuses to accommodate an employee’s disability when that accommodation is reasonable, the employee has a claim of disability discrimination.